Precedent+summary

Parliament makes laws called Statutes or Acts. When laws are broken, the courts hear evidence and make a decision. Court decisions can make new law. This is called precedent. Other names are the doctrine of precedent, common law or case law. Courts have to look at what Parliament has written in the law. Sometimes it is not clear, so the court has to decide what to do – eg what is ‘rubbish’ There is a court hierarchy from highest to lowest. Every court must make the same decisions as courts above it. (Binding precedent) A court does not have to make the same decisions as a court at the same level, or a court from another State or country, but it will often do so. (Persuasive precedent) Precedent makes the law consistent and people know what to expect. Sometimes cases come to court which are not covered by the law. The court hears the case and makes a decision. This then becomes law. There are some Latin words used. They are: //Stare decisis// – to stand by previous decisions //Ratio decidendi –// the reason for the decision //Obiter dicta// – other comments made by the judge Courts can make law EITHER because they have a new area of law come before them or because they are judging what parliament intended when it passed a law.
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